When two people enter into a marriage, their financial lives become intertwined in ways that are not always obvious. Understanding how property is treated during marriage – and especially on divorce – is essential for protecting your rights. This page is part of our practice as a divorce lawyer in North Macedonia.

The question of what constitutes marital property and its regulation is described in the Law on Property and Other Real Rights of the Republic of North Macedonia.

This law distinguishes between joint property and separate property.

Joint property

All property acquired by the spouses during their marriage is considered their joint property. This property is joint, except in cases where one of the spouses owned the property before the marriage, or when it is acquired through inheritance, legacy, gift, or when it exclusively serves the personal needs of one of the spouses compared to the total joint property.

The joint property can be divided. Property acquired by one spouse through inheritance during the marriage is considered separate property, not joint property of both spouses during the marriage.

Registration of joint property (in the real estate registry)

According to the Law, the ownership rights of spouses on real estate are considered joint, even if they are registered in the name of only one spouse. However, for third parties (e.g. creditors), the registration in the real estate registry is what matters – so both spouses should ensure joint property is registered correctly.

What is separate property?

Separate property is property that each spouse owned before the marriage, as well as property acquired during the marriage through inheritance, legacy or gift, or property that exclusively serves the personal needs of one spouse.

The income generated from the separate property of one spouse during the marriage is considered joint property.

Management and disposal of joint property

Both spouses manage and dispose of the joint property by agreement. In cases where one spouse manages the joint property without the knowledge or against the will of the other spouse, the other spouse has the right to challenge that act before a court.

If one spouse uses joint property for business purposes, the other spouse’s share cannot be used to cover debts arising from that business activity, unless the other spouse explicitly agreed to it.

Division of joint property

The joint property can be divided at any time by agreement between the spouses, or through court proceedings if they cannot agree. Upon division, each spouse is entitled to one half of the joint property, unless they agree otherwise or the court determines a different ratio based on contributions.

In divorce proceedings, the division of joint property is one of the most disputed issues. For questions about divorce proceedings in North Macedonia, contact our divorce lawyers.

2026 Practical Checklist

If you are going through a divorce or want to protect your property rights during marriage, verify the following: (1) Check the real estate registry – even if property is joint under the law, third parties (creditors, buyers) rely on the registry. Make sure jointly-acquired real estate is registered in both names. (2) Gifts and inheritances are separate – property received by gift or inheritance during the marriage remains your separate property, but the income it generates becomes joint. (3) Business debts – if your spouse runs a business using joint property without your explicit consent, your share is protected. Get legal advice before signing any consent. (4) Division can happen before divorce – you can divide joint property by agreement at any time, without needing to divorce first. (5) For complex property situations, consult our divorce lawyers in North Macedonia before taking any steps.

Frequently Asked Questions

Is property bought during marriage always joint?

Generally yes – all property acquired during the marriage is considered joint property. The main exceptions are property inherited or received as a gift by one spouse, and property that exclusively serves the personal needs of one spouse.

What happens if real estate is registered in only one spouse’s name?

Under the Law on Property, the property is still considered joint. However, for third parties such as creditors or buyers, the registry entry is what legally matters. It is strongly advisable to register jointly-acquired real estate in both names.

Can we divide joint property without getting divorced?

Yes. Spouses can agree to divide joint property at any time during the marriage, without initiating divorce proceedings. The division can be formalized through a notarized agreement.

What share does each spouse get on division?

By law, each spouse is entitled to one half of the joint property. However, spouses can agree on a different ratio, or a court can determine a different split based on each spouse’s contribution to acquiring the property.

Is the income from my inherited property joint?

Yes. Even though inherited property itself remains your separate property, any income it generates during the marriage (e.g. rental income) is considered joint property of both spouses.

Need legal guidance?

If you have questions about marital property or divorce in North Macedonia, the team at Lalicic & Partners is at your disposal. Contact us through our website.